IPOH, Sept 25 — Constitutional law expert Abdul Aziz Bari today refuted Santubong MP Datuk Seri Wan Junaidi Tuanku Jaafar’s claim that the Federal Constitution allegedly protects a prime minister from being removed from his post.
The Perak Opposition Leader explained that the Yang di-Pertuan Agong holds the power to remove any sitting prime minister, if the latter refuses to resign when he no longer holds the majority in the Parliament.
“The law is this; if the claim (command the majority in Parliament) made by PKR president Datuk Seri Anwar Ibrahim is true then Tan Sri Muhyiddin Yassin must resign.
“If he fails to do that, the Yang di-Pertuan Agong may remove Muhyiddin.
“It’s the duty of the Yang di-Pertuan Agong to ascertain the claim and take the follow up actions,” the Tebing Tinggi assemblyman told Malay Mail.
Wan Junaidi, who is a Gabungan Parti Sarawak (GPS) lawmaker, told The Star that the Federal Constitution does not provide for a new prime minister to be appointed while there is a sitting prime minister.
The former Dewan Rakyat deputy speaker said Article 43 of the Constitution was designed to give the sitting prime minister a certain amount of protection from being summarily removed by anyone in order to maintain government stability.
Wan Junaidi said Article 43 clearly states that if the prime minister lost the support of the majority, he has to resign unless he asks the Agong for the dissolution of Parliament.
Aziz Bari mocked Wan Junaidi’s statement, saying that the latter could be right if Malaysia was in the 15 century, where there was no law and order.
“He’s obviously confused between physical security and constitutional order.
“Article 43 is about the constitutional position not physical or personal security of the prime minister,” he stressed.
Earlier this week, Anwar had claimed that he has the support of the majority of Dewan Rakyat to form a government and announced that he would be holding an audience with the Yang di-Pertuan Agong soon.
